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ROSARIO v. NORTH GENERAL HOSPITAL

40 A.D.3d 323 (2007)

835 N.Y.S.2d 181

AUSTRALIA ROSARIO, Individually and as Administratrix of the Estate of EUFEMIA MARTINEZ, Deceased, Respondent, v. NORTH GENERAL HOSPITAL et al., Appellants, et al., Defendants. ST. BARNABAS HOSPITAL, Third-Party Plaintiff, v. BONNIE ANN MULLER, M.D., et al., Third-Party Defendants, and JOSEPH EDWARDS, M.D., et al., Third-Party Defendants-Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 10, 2007.

In this action for medical malpractice and wrongful death, counsel for defendants North General and Zikria announced— 2½ years after the filing of the note of issue and just over a year after codefendant St. Barnabas Hospital had commenced a third-party action against its own attending physicians—that North General, which is self-insured, was disclaiming insurance coverage for its attending physician and codefendant, Dr. Zikria. Third-party defendants Edwards...

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